TN visa rejected, help!

I just graduated as a Bachelor of Math in Computer Science from UofWaterloo. I tried to apply at Peace Bridge (Buffalo) Entry point for a TN visa for a position in Software Engineering (so NAFTA 1603.D.1 category is Engineer). I was denied on the grounds that my degree is for Mathematics instead of Engineering (according to him, he confirmed with two immediate supervisors as well as a visa specialist). Furthermore they fingerprinted me and told me specifically that my attempt for the TN being rejected is being recorded in their systems and they will know this when I apply for a TN in the future.

I have a flight tomorrow, and planning to apply for this again. Any advice?

ps for those of you applying in the future, the officer requested my offer letter, resume and my degree certification. he also said that best time to apply is M-F 9-5 (a specialist is there)

This is a tricky one, the only thing I can suggest is taking this with you: http://www.bls.gov/oco/ocos267.htm which specifically mentions math degrees.

Depends on what they consider to be an "engineer" though, CBP usually don't include a software engineer in the definition of "engineer" from the NAFTA job descriptions, which is in part because a "software engineer" was a pretty obscure job back in 1993. So the guidance they use doesn't really mention it. But on the other hand it includes the magic word "engineer" so it depends on how clued up the CBP guy you get is.

The other problem is that the field manual specifically says "programmers" must not be allowed in as systems analysts.

There have been people on here who got it using various contorted job descriptions like "software systems engineer/analyst" but to cut a long story short you're at the mercy of CBP on this one, like I say your best bet is to take the OOH description with you, which specifically mentions your type of degree then you can argue that they made a mistake at the Peace Bridge.

Thanks so much for the advice!!

Can you tell me why the OOH is a guide that is relied upon by CBP people? I've found some vague information about it online but not enough to be sure.

Thanks again!!

Because it's the official US Govt. description of what each occupation entails. So as far as CBP is concerned that is definitive.

Whether or not the person you deal with is aware of that though is questionable, I doubt they all realize the job descriptions used in the field manual come from the OOH.

But it's better to have it than not have it because it sounds as though the first person you dealt with made a mistake.

The OOH is a guidline for us. It is not the be all end all though. There are many reasons a TN may be rejected, including what you tell us in your interview. Its not all about the letter. As for being "flagged" it is done so that you can't port shop, but is lifted if you overcome deficiency.

[list=]I just came back yesterday after the officer @ Buffalo told me to come back with a new support letter.He told me that my job duties are not as per NAFTA requirements for a mechanical engineer.I came home and checked the department labour and found out that the lawyer had created the letter that was in line with the Department of Labour guidelines.When I was there I had a doubt if the Department of Labour job descriptions were different from NAFta's. [/list]